Research by ALF on Globalization Issues

One of the key areas of concern has been the impact of globalization on marginalzed groups within the country. However the links between the globalization process and marginalization are not always easy to demonstrate. In this context research around the issues surrounding globalization are of great concern.

 Initially ALF started by looking at case studies detailing the course of litigation in the areas of contract labour, Chapter V-B of the Industrial Disputes Act and newer developments such as VRS, the good conduct bond and downsizing within organised industry in order to highlight the ineffectiveness of existing labour legislation to protect worker rights, was completed early this year.

We have also undertaken a research project which analyses the regulatory framework of the Indian banking sector from a trade union perspective. The study involves examining the impact of the process by which the Indian banking sector is being gradually integrated with the global economy. This also involves looking at the role of structural adjustment in the South East Asian crisis and a detailed framework of future changes in respect to the regulation of the Indian banking sector particularly in connection with the WTO Accord on Financial Services.

We are presently in the process of  examining the entire area of corporate criminal accountability in the era of globalization. We initially started with a sharply focussed research on whether Dow Chemicals would inherit the liability of UCIL with respect to the Bhopal Gas Leak. This is available at www.altlawforum.org. After the completion of this work, Greenpeace has approached ALF to jointly conduct a research project on corporate accountability the findings of which would be presented at a conference. The research is to be conducted by some interested students from the National Law School. The themes around the conference revolve around questions of corporate structure and identity, the concept of limited liability and the various mechanisms and loopholes that corporations use to avoid liability. Other papers that will be presented will include the structuring of corporations to avoid tax liability, questions of forum shopping and forum non conveniens. The conference is to be held in December 2003.  

We are also undertaking a more sharply focussed study on the role that globalization plays in disorganizing labour. We are presently engaged in meeting with a number of groups working on unorganized labour to assess what out focus should be. We have decided to do research to understand the way labour is disorganized by the forces of globalization and to see what are the legal  strategies one can pursue in combating globalization’s ill effects.

We are trying to complement this process of inquiry by simultaneously working on a manual for labour in the unorganized labour sector outlining basic rights and remedies under the existing legal system.